Hammond v. West Virginia Department of Transportation

The appellants in this case, DOH’s District 1 employees, made a fundamental argument that they should have been given the increase in wages that their counterparts in District 5 received because they perform the same work. The appellants also argued that the Grievance Board and circuit court erred in finding that they were not similarly situated to the District 5 workers. Nevertheless, the majority’s opinion rejects the appellants’ *114arguments and affirms the decisions of the lower tribunals. Under the facts of this ease, I am compelled to dissent.

“[A] critical component of any discrimination…